LAW5152

Taxation law 506 ( 6 points, SCA Band 3, 0.125 EFTSL)

Leader: Professor Jeff Waincymer

Offered:
Clayton First semester 2005 (Day)

Synopsis: The subject covers the concepts of income taxation and the taxation of capital gains, in their underlying historical, social and constitutional contexts. It includes the policy and constitutional matrices of taxation, the legal definition of income, taxation of income from personal services and business, taxation of fringe benefits, indirect taxation on goods and services, taxation of capital gains, allowable deductions from gross income in personal and business contexts and the general effect of anti-avoidance legislation.

Objectives: On completion of this subject students should have (1) a basic, up-to-date knowledge of income tax law; (2) an appreciation of taxation law in its historical and constitutional context; (3) a critical knowledge of the central concepts involved in the operation of the income tax system; (4) an awareness of the current tax mix in Australia; (5) an understanding of the dynamic nature of taxation law and the reasons for this dynamism; (6) a clear understanding of the policy issues underlying taxation; (7) developed the ability to evaluate critically new tax proposals; (8) developed skills of statutory interpretation in the context of technical and complex legislation.

Assessment: Research assignment (3000 words): 40% + Either examination (2.5 hours plus 10 minutes reading time) or take home examination: 60% OR Examination (2.5 hours plus 10 minutes reading time): 100% OR Take home examination: 100%

Contact Hours: Three hours of lectures per week

Prerequisites: LAW1100 Legal Process

Prohibitions: BTC3150, LAW5153 in same semester